January 23, 2001††






PRESENT:†††††††††† Mr. William McDevitt, Ms. Deb Casey, Mr. James Hardy, Mr. Greg Farris; Mr. Harold ††††††††††††††††††††††††††††† Lynde (who arrived at approximately 7:00 pm)


Also present:†††††† Mr. James Pitts, Town Administrator, members of the press and general public.


ABSENT:†††††††††††† None.


Chairman McDevitt opened the meeting at approximately 6:30 pm.




January 16, 2001


MOTION:†††††††††† (Hardy/Casey) To accept the minutes of the January 16, 2001 Board meeting as ††††††††††††† †††††††††††††††††††††††††††††††††††††††††††† amended.


VOTE:†††††††††††††††† (3 - 0 - 1) The motion carries.Mr. McDevitt abstained.




Mr. Russel Bonvey, 19 Tallant Road appeared before the Board to discuss the recent fire on his street.He said he was a retired fire fighter from Cambridge.Mr. Bonvey said he lived approximately 6 or 7 houses from the incident.He said when the call came in over the scanner, he and his daughter went to the scene, which was a small fire at first and progressed rapidly.He said it took fifteen minutes or more before the first water was put on the structure.He felt the structure was lost due to the slow response time.He said the Town needs seven day, twenty-four hour coverage.


Mr. Hardy felt that if remarks were going to be made that impacted a personís reputation that they are made during a non-public session.He said there were six fire fighters injured, one of whom remained hospitalized.Mr. McDevitt said that the Selectmen didnít have to agree with the opinions of persons speaking at open forum, but felt they had a right to be heard.


Mr. Bonvey said there were a number of people in Town that didnít understand the type of coverage within the Town and felt it was necessary to inform them.


Mr. McDevitt informed the Fire Chief if he wanted to be placed on a future agenda to be heard, he could.He said that open forum should not be a place where people are made to feel intimidated.Mr. Hardy felt that the Fire Chief should have the opportunity to respond.Mr. McDevitt said he would not give the Fire Chief time at this point, but if a motion was made to over rule him, and it was voted, he would accept it.


MOTION:†††††††††† (Hardy/Farris) To over rule the Chairís decision of not giving the Fire Chief the ††††††††††††† †††††††††††††††††††††††††††††††††††††††††††† opportunity to respond to the open forum speaker.


VOTE:†††††††††††††††† (2 - 2 -0) The motion did not carry.


Mr. Hardy asked if the Fire Chief would have the opportunity to speak at another point during the meeting.Mr. McDevitt answered yes.


Ms. Wendy Swingarski, 12 Locks Lane stepped forward and informed that she had worked and trained within the Pelham Fire Department.She said from what she could determine, the fire fighters arrived to the scene within a reasonable amount of time responding from their homes, for the department the Town has.She spoke of the issue of the need for water.She asked that the Fire Chief be given a chance to defend his position.Mr. McDevitt said he didnít feel the Fire Department needed to be defended.Ms. Swingarski said the Town had all the tools to be a full time department, and it was time that it was.


Mr. McDevitt announced that on Tuesday, January 30, 2001 Chunkyís Cinema would be donating the entire proceeds to the Maguire Fund.He said that First Essex Bank had set up a Fund for the families.




Mr. Clay Mitchell, Interim Planning Director, Bond on Arlene Drive


Mr. Clay Mitchell, Interim Planning Director appeared before the Board to discuss the road maintenance of Arlene Drive as well as the bond status.He began by discussing the bond agreement which stated that all road improvements were to be completed within two years.He said the agreement expired August, 2000, which now entitled the Town to possibly call the security, complete and accept the road.He said there were certain problems and disputes with the subdivision, one of which was the removal of a barn.He concluded by saying that the Town was within itís rights to pull the bond, complete the road, remove the barn from the right-of-way and refund the Town for all maintenance costs.He noted that Mr. Roland Soucy also had some issues with site specific concerns relative to code compliance.


Mr. Farris asked what the time limit was for the expiration of the bond.Mr. Mitchell said the bond didnít have an expiration.He said he phoned the bond company who informed that the bond was still valid.Mr. Mitchell suggested that if the Town was to enter into negotiations that dates and times are set for compliance.Mr. Farris felt that the Planning Department should be allowed to pull the bond and finish the road and recoup the Town for expenses.


Ms. Casey asked if the amount held in the bond would be enough to complete the project.Mr. Mitchell said that CLD had prepared a spread sheet of the costs for the total site.He said CLD would also be inspecting the site.He informed that the Planning Department had never received a bond reduction request.Ms. Casey asked if Mr. Mitchell would like to provide compliance dates or if the bond should just be pulled.Mr. Mitchell said the decision would be up to the Town and he would recommend courses of action to the Planning Board.


Mr. Farris recommended pulling the bond.


Mr. McDevitt asked if the developer had paid for the plowing.Mr. Pitts informed that after the last meeting the developer paid for snow plowing for this winter.Mr. McDevitt asked what the next steps would be.Mr. Mitchell wanted the Selectmen to be aware of the situation.


Mr. Lynde arrived. (approximately 7:00 pm)


Ms. Casey asked if there were any recourse if the Town continued to have a hard time.Mr. Mitchell said there could be recourse and the Townís Attorney should also be involved in crafting a policy.


Mr. Chris Capulano, 70 Arlene Drive pointed out thatit was not only the top coat of the road which was not completed, but also such things as the culverts, guardrail and streetlights.He said there were still items within the house that had not been completed.He felt the bond should be pulled to complete the project.


Mr. John Genitonio, 37 Arlene Drive wanted to clarify that the money paid for plowing would cover the winter season.Mr. Pitts said every service provided to other Town streets would be provided for this winter season.


Paul Zarnowski, Health Officer, Waiver of Article K, Conversion To Year-Round Home

Mr. McDevitt informed that from this point on the Selectmen would be acting as the Board of Health.Mr. Paul Zarnowski as Chairperson.


Ms. Casey stepped down due to a conflict of interest.


Mr. Paul Zarnowski called the Board of Health meeting to order at approximately 7:09 pm.He had prepared a package which contained state requirements and related information.He informed that the lot for conversion discussion was sheet 31, ML 11-17.He then read aloud chapter 295-17.


Ms. Annmarie Indelicato appeared before the Board representing Aubrey Randall Bishop.She informed that they were interested in purchasing 31 Woekel Circle and to convert the property into a year-round residence.She said that the Board of Adjustment had granted a variance for building as well as for conversion from seasonal to year-round.She had a septic design which needed to go before the Selectmen before it could go before the state.


Mr. Zarnowski gave a summary of the property.He said it was an existing seasonal property on approximately 5000 square feet with an existing dug well in the front.He said there was a proposed system to accommodate 450 gallons per day.He said they were proposing to replace the dug well with a drilled well in the same location.He said they would comply with the 75í setback.He said the well radius was not contained within the lot, but would overlap with other protected well radiuses in the area.He then inquired where the nearest septic system was.


Mr. Indelicato informed that the nearest septic system was at 33 Woekel Circle approximately 20í - 30í away.He said that all the lots were 50í - 100í and that the lot next to the one they would be purchasing (29 Woekel Circle) was a double lot.


Mr. Zarnowski read briefly from the stateís requirements.He informed that per the states criteria, the Indelicatos would comply, so long as they didnít go beyond the 300 gallons per day.He then informed that their septic system was larger than the required. Mr. McDevitt asked if Mr. Zarnowski if he had reviewed the plan.Mr. Zarnowski answered yes.


Mr. Farris asked if the proposed system would be better than the current.Mr. Zarnowski answered yes.Mr. Farris was concerned with the location from the pond.Mr. Zarnowski said the system was an improvement on the situation.


Mr. Lynde inquired what the distance was from their property to the pond.Mr. Indelicato informed that the closest part of their property was approximately 150í to the pond and over 200í from the leach field.Mr. Lynde asked what the distance was from their well to other leach fields.Mr. Indelicato said it was at least 75í from every well to their septic system.Mr. Lynde asked if there were any wetlands in back of their property to be concerned with.Mr. Indelicato said the grade went approximately 1í - 2íhigher than their back yard.Mr. Lynde asked if work would be done on the existing house.The Indelicatos informed that the house would need insulation and heating.They informed they would be basically starting from scratch, but building upon the existing footprint.Mr. Lynde asked how to restrict the number of bedrooms.Mr. Zarnowski said they could have an agreement recorded at the registry of deeds that gave a buyer beware.Mr. Pitts said an expansion request for a non-conforming use would have to go before the Board of Adjustment.


Mr. Hardy asked if Mr. Zarnowski recommended granting the waivers.Mr. Zarnowski said that they met all the state criteria, the variances were already granted and the septic would fit without any waivers.


Mr. Hardy made a motion to grant the waiverto article k with a limitation of 300 gallons per day maximum into the septic system.Mr. McDevitt seconded.Mr. Hardy then amended his motion to include a deed restriction to two bedrooms.Mr. McDevitt amended his second.


MOTION:†††††††††† (Hardy/McDevitt) To grant the waiver to Article K (295-17) conversion from seasonal to †††††††††††††††††††††††††††††††††††††††††††† year-round residence with a limitation of 300 gallons per day maximum into the septic ††††††††††††††††††††††††††††††††† system, and that there is a deed restriction of two bedrooms recorded at the registry of †††††††††††††††††††††††††††††††††††††††† deeds.


VOTE:†††††††††††††††† (5 - 0 - 0) The motion carries.Ms. Casey had stepped down.


The Board of Selectmen reconvened at approximately 7:40 pm.


MOTION:†††††††††† (Hardy/Casey) Request for a non-public session per RSA 91-A:3,II,e for a legal issue with ††††††††††††††††††††††††††††† Mr. Jim Bundock.


ROLL CAL:†††††† Mr. McDevitt-Yes, Ms. Casey-Yes, Mr. Farris-Yes, Mr. Lynde-Yes, Mr. Hardy joined the †††††††††††††††††††††††††††††††††††††††††††† Selectmen briefly after the non-public session had begun.


The Board returned to public session at approximately 7:51 pm.




Review and Vote on Town Warrant


Mr. Pitts said there were two proposed language change still to be reviewed.Ms. Casey requested that a vote tally be added to the Warrants.Mr. Pitts said the information had been received and would be added.

Mr. Pitts informed that the Warrant needed to be voted upon before it could be posted on January 29, 2001.


Ms. Caseyrequested that the positioning of the warrants be reviewed so that any warrants that offset each other could be adjusted properly.Mr. Pitts said that warrants that appropriate money would be listed first.

Ms. Casey asked if the Selectmen needed to take a position on a Warrant Article that didnít have any money.Mr. Hardy agreed.Mr. Lynde didnít believe that there was a statute which required the Selectmen to take a position.Mr. McDevitt felt that certain voters might consider the Selectmenís opinion.He said that the Selectmen had already voted, and said someone could make a motion to resubmit without recommendation.


Mr. Pitts gave his understanding that if a Warrant Article voted the disposition of funds the Selectmen were required to vote.Mr. Lynde believed that RSA 32 required the Budget Committee to take a stand.


Ms. Casey said she felt it was important to have a sidewalk running between the schools at some point.She said she would prefer to see the money go back and get the property owners involved so that the project could be done all at once, instead of in installments.


Mr. Farris spoke again of the positioning of the Warrant Articles and the possibility of raising money for a non-existing fund.Mr. McDevitt didnít believe that the DRA would allow such a Warrant Article.Mr. Pitts didnít have a precedent.He said he would have to find out.


Ms. Casey asked that recommendations from Boards be in large bold print.Mr. Pitts said he had yet to receive certain Warrant Articles from the Planning Board.There was a brief discussion regarding when the Selectmen would have a finished copy available for confirmation vote.Mr. McDevitt reviewed proposed changes.Mr. Pitts said he would make the changes and make a copy of the Warrant Articles available for the Selectmen to review and vote before the posting date.


MOTION:†††††††††† (Casey/Lynde) To reconsider the Municipal Capital Reserve Fund Warrant Article.


VOTE:†††††††††††††††† (4 - 0 - 0) The motion carries


MOTION:†††††††††† (Casey/Lynde) To delete the word ďandĒ from the sentence which reads ď...Sherburne ††††† ††††††††††††††††††††††††††††† School and alternate sources...Ēand replace with the word ďorĒ contained within the third †††††††††††††††††††††††††††††††††††††††††††† sentence from the bottom of the Municipal Capital Reserve Fund Warrant Article.


VOTE:†††††††††††††††† (4 - 0 - 0) The motion carries.


Review of Junkyard licenses: F. Gendron & Co.†† andNorman Coombs & Sons


F. Gendron & Co.


Mr. McDevitt informed that a response had been received from DES regarding the Gendron Junkyard. Mr. Farris felt that the discussion regarding Gendron should be for non-public discussion with Counsel present.Mr. McDevitt said the Selectmen would wait for Counselís opinion.


Norman Coombs & Sons


Mr. McDevitt gave a brief background regarding the Coombs Junkyard.He said that previously certain conditions had not been completed therefore the Fire Chief was not able to do a report.Mr. McDevitt called upon Fire Chief Fisher to give the Selectmen a report.


Fire Chief Fisher appeared before the Selectmen and informed that since the letter was written he had met with Ms. Coombs and they had disposed of most of the gasoline.He didnít feel it was going to be a problem any longer.He said that the storage of the gasoline in the 55-gallon drum was because it was an ordinary drum.He said he had given permission to use some approved 5-gallon cans.


Mr. McDevitt asked if the Fire Chief would give the Selectmen a report on the recent fire on Tenney Road.Chief Fisher said the gentleman who spoke during open forum was correct in the fact that it took the Fire Department approximately ten minutes to arrive.He said that a full-time department would be voted on and in the future the department may have sub-stations.He said the department needed a combination of both a call department as well as a full-time department.Chief Fisher informed that anyone was welcome to come into the office and discuss fire services.Chief Fisher informed further that the evening of the fire was difficult, there were six firemen injured, with one still hospitalized.He noted that there were snowy and icy conditions.The water used to diminish the fire was freezing to the ground.He also said that the front door entry of the duplex was used as a storage area with such things as air conditioners, tires and rims from a car.†† Chief Fisher said the department did a good job of containing the situation until the water supply ran out and they had to wait for additional water supply to come in from Windham and Dracut.He felt the men did an excellent job trying to get the fire out.He ended by informing that St. Patrickís Church had set up funds for both families.


Mr. Lynde spoke of the MtBE concern and the drafting of an accident and spill procedure.Chief Fisher informed that he and the Police Chief had within their working budget dues to belong to the Southern New Hampshire Haz. Mat. District.He said the Town had everything in place for most small gasoline spills through large chemical emergencies.He said they could make entry right into class A suits.He said Pelham was one of the original ten Towns that started the procedure.


It was discussed that the Coombs Junkyard would be revisited in the spring.




Review of State Bridge Inspection Report


Mr. Pitts briefly discussed the Castle Hill Bridge and the Mekel Bridge.With regard to the Castle Hill Bridge, Mr. Pitts said the state had recommended posting for passenger cars or a 3 ton weight limit as well as a posting for a narrow bridge.He recalled discussions regarding its possible closure.He said with regard to Mekel Bridge, the state recommended closing it immediately.Mr. McDevitt believed that there had been a vote to close it.Mr. Farris believed that it was voted to close the bridge and they had waited for a procedure to do so.Mr. Pitts will meet with Mr. Foss to discuss the procedure to close both bridges.


Ms. Casey asked if it were possible to keep the bridges open for foot traffic.She also noted that Windham should receive a letter informing of the possibility of closing Castle Hill Bridge.Mr. Pitts would draft and send a letter to Windhamís Selectmen.


Mr. McDevitt noted that the discussion of the Land Donation Policy would be discussed at a subsequent meeting.†† There was a brief discussion regarding the donation of land as a gift to the Town versus a donation as part of a subdivision.




Mr. Pitts had nothing further to discuss, due to the earlier discussions regarding the recent fire.


Mr. Hardy informed that he would not be a candidate for re-election to the Board of Selectmen in March.He thanked the Chairman for the manner in which he conducts the meetings.He noted his appreciation for the Town Hall staff and said he had enjoyed the last five years on the Board.He ended by commending the Fire Department for a job well done at the recent fire.


Ms. Casey began by saying she would miss Mr. Hardy.She then spoke of the recent fire and felt the Fire Department had done a good job.She was thankful that there were no serious injuries or fatalities.


Mr. Farris noted that recreation basketball was on going and they were working on balancing each of the levels.He said the ski program was going well.He then noted that the work-release program was being conducted and going well at Elwood G. Raymond Memorial Park.


Mr. Lynde informed that he had drafted a resolution regarding polluted wells, which he handed out to the Selectmen.Mr. McDevitt said the Selectmen could review and vote during the next meeting.Mr. Farris requested that Mr. Lynde keep the Selectmen informed of recent issues, such as Education Funding.†† Mr. Lynde said that the state had an obligation to provide education funding.He discussed the way money was raised and given to the Town.


Mr. McDevitt informed that he would be attending a seminar regarding the West Nile Virus tomorrow.He then informed there would be a regional dinner February 8, 2001.He ended by informing that he and Ms. Casey had drafted and explanation of the Warrant Articles for the league of Women Voters if the Selectmen would like to review.




MOTION: ††††††††† (Casey/Hardy) Request for a non-public session per RSA 91-A:3, II,e.


ROLL CALL: ††† Mr. McDevitt-Yes; Ms. Casey-Yes; Mr. Hardy-Yes; Mr. Lynde-Yes; Mr. Farris-Yes


Mr. McDevitt noted that when the Board returns, after the non-public session, the Board would not take any other action publicly, except to seal the minutes on the non-public session and adjourn the meeting.The Board entered into a non-public session at approximately 9:00 p.m.†† Also present was Mr. Pitts.


The Board returned to public session.


MOTION: ††††††††† (††††††††††††††††††† ) To seal the minutes of the non-public session indefinitely.


VOTE:†††††††††††††††† (††††††††† ) The motion carries.




MOTION:†††††††††† (†††††††† ) To adjourn the meeting.


VOTE:†††††††††††††††† (††††† ††††) The motion carries.


The meeting was adjourned at††††††††††† pm.


††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Respectfully submitted,


††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Charity A. L. Willis

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Recording Secretary